Train v. Weir

Location:

Subject:

Court:

Application/issue:

Appeal to the Board of Town council’s decision to pass Zoning By-law 2011-157, permitting the construction of the boathouse, as it does not conform to the town’s Official Plan; it does not comply with the spirit and intent of Comprehensive ZBA 2010-04; and the matter was previously dealt with by the Town.

Held:

Appeal granted

Reasons:

The Board’s reasons have to do with the natural environment and culture of the area, as there are not many boathouses near Portage Bay, and therefore maintaining a natural shoreline environment with the construction of boathouse becomes challenging. Further, the Portage Bay constitutes a narrow waterway by the definition of the zoning by-law, however the distance from shoreline to shoreline is approximately 90 metres, less than the 150 metres required to remove it from this definition, and therefore the boathouse is not permitted.